Petitioner: JOEY BAUTISTA
Respondent: STATE BOARD OF ADMINISTRATION
Judges: JOHN G. VAN LANINGHAM
Agency: State Board of Administration
Locations: Lauderdale Lakes, Florida
Filed: Sep. 12, 2019
Status: Closed
Recommended Order on Monday, December 7, 2020.
Latest Update: Dec. 23, 2024
Summary: The issue in this proceeding is whether Petitioner was convicted of specified criminal offenses, requiring the forfeiture of all his rights and benefits under the Florida Retirement System, except for the return of accumulated contributions.Petitioner was convicted of specified criminal offenses, requiring the forfeiture of all his rights and benefits under the Florida Retirement System, except for the return of accumulated contributions.
SBIZHUB@sba21030315120ORDERED
The Petitioner, Joey Bautista, has forfeited his rights and benefits under the Florida Retirement System Investment Plan pursuant to Sections 112.3173(2)(e)2 and 4., Florida Statutes, except for the return ofhis accumulated employee contributions, by having pied nolo contendere to the felony counts of official misconduct and grand theft from his public employer, and despite the fact adjudication was withheld.
Any party to. this proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the State Board of Administration in the Office of the General Counsel, State Board of Administration, 1801 Hermitage Boulevard, Suite 100, Tallahassee, Florida, 32308, and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within thirty (30) days from the date the Final Order is filed with the Clerk of the State Board of Administration.
DONE AND ORDERED this _4th day of March, 2021, in Tallahassee, Florida.
STATE OF FLORIDA
STATE BOARD OF ADMINISTRATION
Daniel Beard
Chief of Defined Contribution Programs Office of Defined Contribution Programs State Board of Administration
1801 Hermitage Boulevard, Suite 100
Tallahassee, Florida 32308
(850) 488-4406
4
FILED ON THIS DATE PURSUANT TO SECTION 120.52, FLORIDA STATUTES WITH THE DESIGNATED CLERK OF THE STATE BOARD OF ADMINISTRATION, RECEIPT OF WHICH IS.HEREBY ACKNOWLEDGED.
Tina Joanos, Agency Clerk
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing Final Order was sent by electronic mail to Soeurette Michel, Esq., Counsel for Petitioner, smichellaw@gmaiol.com , and by UPS to: The Michel Law Firm, LLC, 3440 Hollywood Blvd., Suite 415, Hollywood, FL 33021-6933; and by electronic mail to Rex D. Ware, Esq., at Moffa, Sutton & Donnini, P.A., 3500 Financial Plaza, Suite 330, Tallahassee, Florida 32312, RexWare@FloridaSalesTax.com , this _4th_ day of March, 2021.
Ruth A. Smith
Assistant General Counsel
State Board of Administration of Florida 1801 Hermitage Boulevard
Suite 100
Tallahassee, FL 32308
5
Docket for Case No: 19-004819
Issue Date |
Proceedings |
Mar. 19, 2021 |
Agency Final Order filed.
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Dec. 07, 2020 |
Recommended Order (hearing held October 19, 2020). CASE CLOSED.
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Dec. 07, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Nov. 18, 2020 |
Petitioner's Proposed Recommended Order filed.
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Nov. 13, 2020 |
Order Granting Extension of Time.
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Nov. 13, 2020 |
Unopposed Motion for Extension of Time filed.
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Nov. 12, 2020 |
Respondent's Proposed Recommended Order filed.
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Nov. 04, 2020 |
Notice of Filing Transcript.
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Nov. 04, 2020 |
Transcript of Proceedings (not available for viewing) filed. |
Oct. 19, 2020 |
CASE STATUS: Hearing Held. |
Oct. 13, 2020 |
Notice of Appearance (Jonathan Taylor) filed.
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Oct. 12, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 12, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 12, 2020 |
(Amended) Petitioner's Filing of Proposed Exhibits filed.
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Oct. 12, 2020 |
Petitioner's Filing of Proposed Exhibits filed.
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Oct. 09, 2020 |
Respondent's Notice of Filing Proposed Exhibits filed.
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Oct. 08, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for October 19, 2020; 9:00 a.m., Eastern Time).
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Oct. 08, 2020 |
Order Granting Unopposed Motion for Virtual Final Hearing.
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Oct. 08, 2020 |
Unopposed Motion for Virtual Final Hearing filed.
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Oct. 05, 2020 |
Joint Pre-Hearing Stipulation filed.
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Aug. 04, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for October 19, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Aug. 03, 2020 |
Unopposed Motion to Continue Final Hearing filed.
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Jul. 27, 2020 |
Respondent's Notice of Filing Petitioner's Discovery Responses filed.
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Apr. 09, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for August 18, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Apr. 03, 2020 |
Unopposed Motion to Continue Final Hearing filed.
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Apr. 01, 2020 |
Order Granting Official Recognition of Court Records.
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Jan. 21, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for April 28, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Jan. 16, 2020 |
Second Unopposed Motion to Continue Final Hearing filed.
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Nov. 26, 2019 |
Respondent's Request for Official Recognition filed.
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Nov. 21, 2019 |
Respondent's Response to Petitioner's First Request for Production of Documents filed.
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Nov. 07, 2019 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 4, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Nov. 06, 2019 |
Unopposed Motion Continue Final Hearing filed.
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Oct. 10, 2019 |
Respondent's Notice of Taking Deposition Duces Tecum filed.
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Oct. 10, 2019 |
Petitioner's Notice of Serving Answers to First Set of Interrogatories to Respondent filed.
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Sep. 24, 2019 |
Respondent's First Request for Admissions to Petitioner filed.
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Sep. 24, 2019 |
Respondent's First Request for Production to Petitioner filed.
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Sep. 24, 2019 |
Respondent's Notice of Serving First Set of Interrogatories to Petitioner filed.
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Sep. 20, 2019 |
Order of Pre-hearing Instructions.
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Sep. 20, 2019 |
Notice of Hearing by Video Teleconference (hearing set for November 19, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Sep. 20, 2019 |
Joint Response to Initial Order filed.
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Sep. 20, 2019 |
Notice of Appearance filed.
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Sep. 13, 2019 |
Initial Order.
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Sep. 12, 2019 |
Agency action letter filed.
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Sep. 12, 2019 |
Petition for Hearing filed.
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Sep. 12, 2019 |
Referral Letter filed.
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Orders for Case No: 19-004819
Issue Date |
Document |
Summary |
Mar. 04, 2021 |
Agency Final Order
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Dec. 07, 2020 |
Recommended Order
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Petitioner was convicted of specified criminal offenses, requiring the forfeiture of all his rights and benefits under the Florida Retirement System, except for the return of accumulated contributions.
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